Entering Multi-Program Enforcement Actions
Purpose: In FY 2003, OECA began counting enforcement actions as multi-program according to the memo and guidance from JP Suarez, “Revised Approach for Counting EPA Enforcement Case Initiations and Conclusions.” This guidance provides the definition and rules governing multi-program actions. Since FY 2003, at mid-year and end-of-year OC has reviewed detailed ICIS national standard reports and made manual corrections to the multi-program data. Beginning in FY ’08, OC will no longer manually correct this data. Only cases which appear on the ICIS multi-program certification ad hoc reports will be officially counted as multi-program actions. As a reminder, there are three basic rules (see page 2 of the guidance) which determine if a case qualifies as multi-program:
a. When a case addresses separate environmental problems under different programs, even if the violations arose from a single event or the same set of facts, it is entitled to multi-program status; if a case addresses a single environmental or regulatory problem and the choice of whether to cite multiple statutes is primarily a tactical one, that case does not count as multi-program.
b. Failure to respond to a multi-statute information request constitutes failure to respond to one reporting requirement and does not quality a case as multi-program.
c. Penalty collection actions and bankruptcy referrals that include a claim under more than one program are not treated as multi-program actions.
Data Entry: On the Enforcement Action Basic Info screen there is a field titled “MultiMedia Action.” Select the “Multimedia Action” button and the drop-down list will provide the acceptable statutes and programs (refer to Attachment A of the guidance for more information) which can comprise a multi-program case. As a case evolves, and programs are added or dropped from the multi-program case, these changes must be tracked in the “MultiMedia” field. Occasionally, the programs that make up a multi-program case when it’s initiated will not be the same when the case is concluded. For instance, if the case originates as multi-program but in the course of resolving the case it becomes single media, then it is necessary to go back to the “Multimedia Action” field on the Enforcement Action Basic Info screen and remove the programs that no longer apply. Conversely, you also should add programs to an existing single or multimedia case when a case evolves in this way.
Data Retrieval: Reports are posted in ICIS BO XI, in the Public Folder, FE&C Reports, National Standard Reports and named: Federal Enforcement Initiations, Federal Enforcement Conclusions and NODs. These new reports will provide counts of multi-program actions in the same crosstabs as single program actions. The outcomes for all programs will be counted toward the primary law/primary section identified for a multi-program enforcement action.